BILL NUMBER: AB 810	CHAPTERED  09/15/99

	CHAPTER   389
	FILED WITH SECRETARY OF STATE   SEPTEMBER 15, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 15, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	PASSED THE SENATE   AUGUST 19, 1999
	AMENDED IN SENATE   JUNE 29, 1999
	AMENDED IN ASSEMBLY   MAY 3, 1999

INTRODUCED BY   Assembly Member Thomson

                        FEBRUARY 24, 1999

   An act to amend Section 35160.5 of the Education Code, relating to
school finance.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 810, Thomson.   School finance:  school attendance
alternatives.
   Existing law requires, as a condition for the receipt of school
apportionments from the state school fund, that the governing board
of a school district adopt rules and regulations establishing a
policy of open enrollment within the district for residents of the
district.  Existing law requires a selection policy for a school that
receives requests for admission in excess of the capacity of the
school to ensure that selection of pupils to enroll in the school is
made through a random, unbiased process but permits the policy to
provide priority for attendance to siblings of children already in
attendance in that school.
   This bill would permit the policy also to provide priority to
children whose parent or legal guardian is assigned to that school as
his or her primary place of employment.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 35160.5 of the Education Code is amended to
read:
   35160.5.  (a) The governing board of each school district that
maintains one or more schools containing any of grades 7 to 12,
inclusive, shall, as a condition for the receipt of an inflation
adjustment pursuant to Section 42238.1, establish a school district
policy regarding participation in extracurricular and cocurricular
activities by pupils in grades 7 to 12, inclusive.  The criteria,
which shall be applied to extracurricular and cocurricular
activities, shall ensure that pupil participation is conditioned upon
satisfactory educational progress in the previous grading period.
Pupils who are eligible for differential standards of proficiency
pursuant to subdivision (d) of Section 51215 are covered by this
section consistent with that subdivision.  No person shall classify a
pupil as eligible for differential standards of proficiency pursuant
to subdivision (d) of Section 51215 for the purpose of circumventing
the intent of this subdivision.
   (1) For purposes of this subdivision, "extracurricular activity"
means a program that has all of the following characteristics:
   (A) The program is supervised or financed by the school district.

   (B) Pupils participating in the program represent the school
district.
   (C) Pupils exercise some degree of freedom in either the
selection, planning, or control of the program.
   (D) The program includes both preparation for performance and
performance before an audience or spectators.
   (2) For purposes of this subdivision, an "extracurricular activity"
is not part of the regular school curriculum, is not graded, does
not offer credit, and does not take place during classroom time.
   (3) For purposes of this subdivision, a "cocurricular activity" is
defined as a program that may be associated with the curriculum in a
regular classroom.
   (4) Any teacher graded or required program or activity for a
course that satisfies the entrance requirements for admission to the
California State University or the University of California is not an
extracurricular or cocurricular activity as defined by this section.

   (5) For purposes of this subdivision, "satisfactory educational
progress" shall include, but not be limited to, the following:
   (A) Maintenance of minimum passing grades, which is defined as at
least a 2.0 grade point average in all enrolled courses on a 4.0
scale.
   (B) Maintenance of minimum progress toward meeting the high school
graduation requirements prescribed by the governing board.
   (6) For purposes of this subdivision, "previous grading period"
does not include any grading period in  which the pupil was not in
attendance for all, or a majority of, the grading period due to
absences excused by the school for reasons such as serious illness or
injury, approved travel, or work.  In that event, "previous grading
period" is deemed to mean the grading period immediately prior to the
grading period or periods excluded pursuant to this paragraph.
   (7) A program that has, as its primary goal, the improvement of
academic or educational achievements of pupils is not an
extracurricular or cocurricular activity as defined by this section.

   (8) The governing board of each school district may adopt, as part
of its policy established pursuant to this subdivision, provisions
that would allow a pupil who does not achieve satisfactory
educational progress, as defined in paragraph (4), in the previous
grading period to remain eligible to participate in extracurricular
and cocurricular activities during a probationary period.  The
probationary period shall not exceed one semester in length, but may
be for a shorter period of time, as determined by the governing board
of the school district.  A pupil who does not achieve satisfactory
educational progress, as defined in paragraph (4), during the
probationary period shall not be allowed to participate in
extracurricular and cocurricular activities in  the subsequent
grading period.
   (9) Nothing in this subdivision shall preclude the governing board
of a school district from imposing a more stringent academic
standard than that imposed by this subdivision.  If the governing
board of a school district imposes a more stringent academic
standard, the governing board shall establish the criteria for
participation in extracurricular and cocurricular activities at a
meeting open to the public pursuant to Section 35145.
   The governing board of each school district shall annually review
the school district policies adopted pursuant to the requirements of
this section.
   (b) (1) On or before July 1, 1994, the governing board of each
school district shall, as a condition for the receipt of school
apportionments from the state school fund, adopt rules and
regulations establishing a policy of open enrollment within the
district for residents of the district.  This requirement does not
apply to any school district that has only one school or any school
district with schools that do not serve any of the same grade levels.

   (2) The policy shall include all of the following elements:
   (A) It shall provide that the parents or guardian of each
schoolage child who is a resident in the district may select the
schools the child shall attend, irrespective of the particular
locations of his or her residence within the district, except that
school districts shall retain the authority to maintain appropriate
racial and ethnic balances among their respective schools at the
school districts' discretion or as specified in applicable
court-ordered or voluntary desegregation plans.
   (B) It shall include a selection policy for any school that
receives requests for admission in excess of the capacity of the
school that ensures that selection of pupils to enroll in the school
is made through a random, unbiased process that prohibits an
evaluation of whether any pupil should be enrolled based upon his or
her academic or athletic performance.  For purposes of this
subdivision, the governing board of the school district shall
determine the capacity of the schools in its district.  However,
school districts may employ existing entrance criteria for
specialized schools or programs if the criteria are uniformly applied
to all applicants.  This subdivision shall not be construed to
prohibit school districts from using academic performance to
determine eligibility for, or placement in, programs for gifted and
talented pupils established pursuant to Chapter 8 (commencing with
Section 52200) of Part 28.
   (C) It shall provide that no pupil who currently resides in the
attendance area of a school shall be displaced by pupils transferring
from outside the attendance area.
   (3) Notwithstanding the requirement of subparagraph (B) of
paragraph (2) that the policy include a selection policy for any
school that receives requests for admission in excess of the capacity
of the school that ensures that the selection is made through a
random, unbiased process, the policy may include any of the following
elements:
   (A) It may provide that special circumstances exist that might be
harmful or dangerous to a particular pupil in the current attendance
area of the pupil, including, but not limited to, threats of bodily
harm or threats to the emotional stability of the pupil, that serve
as a basis for granting a priority of attendance outside the current
attendance area of the pupil.  A finding of harmful or dangerous
special circumstances shall be based upon either of the following:
   (i) A written statement from a representative of the appropriate
state or local agency, including, but not limited to, a law
enforcement official or a social worker, or properly licensed or
registered professionals, including, but not limited to,
psychiatrists, psychologists, or marriage, family and child
counselors.
   (ii) A court order, including a temporary restraining order and
injunction, issued by a judge.
   A finding of harmful or dangerous special circumstances pursuant
to this subparagraph may be used by a school district to approve
transfers within the district to schools that have been deemed by the
school district to be at capacity and otherwise closed to transfers
that are not based on harmful or dangerous special circumstances.
   (B) It may provide that any pupil attending a school prior to July
1, 1994, may be considered a current resident of that school for
purposes of this section until the pupil is promoted or graduates
from that school.
   (C) It may provide that no pupil who was on a waiting list for a
school or specialized program, on or before July 1, 1994, pursuant to
a then-existing district policy on transfers within the district,
shall be displaced by pupils transferring after July 1, 1994, from
outside the attendance area, as long as the continued maintenance on
a waiting list remains consistent with the former policy.
   (D) It may provide that schools receiving requests for admission
shall give priority for attendance to siblings of children already in
attendance in that school and to children whose parent or legal
guardian is assigned to that school as his or her primary place of
employment.
   (E) It may include a process by which the school district informs
parents or guardians that certain schools or grade levels within a
school are currently, or are likely to be, at capacity and,
therefore, those schools or grade levels are unable to accommodate
any new pupils under the open enrollment policy.
   (4) It is the intent of the Legislature that, upon the request of
the pupil's parent or guardian and demonstration of financial need,
each school district provide transportation assistance to the pupil
to the extent that the district otherwise provides transportation
assistance to pupils.
